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(영문) 인천지방법원 2017.03.30 2016노4997

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment (one year and four months of imprisonment; additional collection of 100,000 won) determined by the court of the original instance is too unreasonable.

2. The judgment of the defendant led to the confession of the crime and reflectability, and the damaged person did not want the punishment of the defendant.

Family members and branch members want to be the wife.

However, the defendant's crime is not less severe, and there are several criminal records of the same kind, and repeated crimes.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

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